Search Results for: prisoners/page/33/[2001] EWCA Civ 1546
3 December 2018 by Rosalind English
In Episode No 56, Suzanne Lambert and Emma-Louise Fenelon discuss the recent judgment of Whipple J in YAH v Medway NHS Foundation Trust [2018] EWHC 2964 (QB)
In her analysis of the decision Suzanne refers to: the control mechanisms established by the House of Lords in Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310, the House of Lords decision in Page v Smith [1996] 1 AC 155 and the decision of the Court of Appeal in A Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588.
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1 March 2018 by Martin Downs
A speech by Mark Rowley (the outgoing Assistant Commissioner of the Metropolitan Police for Specialist Operations and National Lead for Counter Terrorism Policing) to Policy Exchange has been given the front page treatment with headlines like, “Extremists should lose access to their children.” The speech has been made available in full by the Policy Exchange on their website and on Youtube.
Additionally, The Times quotes Mark Rowley as saying, in response to questions from the press in advance of the speech,
We still see cases where parents convicted of terrorist-related offences, including radicalisers, retain care of their own children.
If you know parents are interested in sex with children, or if you know parents believe that people of their faith or their belief should hate everybody else and corrupt children for it, for me those are equally wicked environments to expose children to.
The speech is phrased more tentatively but included this passage,
The family courts and social services now routinely wrestle with child protection and safeguarding cases arising out of terrorism and extremism. However, we still see cases where parents convicted of terrorist-related offences, including radicalisers, retain care of their own children. I wonder if we need more parity between protecting children from paedophile and terrorist parents.
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6 May 2025 by Rebecca Ebner-Landy
In UK News
The UK’s first transgender judge, Victoria McCloud, is bringing an action against the UK to the European Court of Human Rights over the Supreme Court’s ruling on biological sex in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16. Lord Hodge, in this case, determined that the “unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex”. McCloud – one of at least two individuals who had unsuccessfully sought leave to intervene in the proceedings – is bringing the action on grounds that her Article 6 rights, which guarantee the right to a fair trial, have been infringed. She argues that the Supreme Court refused to hear her evidence about the “impact of those trans people affected by the judgement” and failed to “give any reasons” for doing so. Further, in her submission, the court had not considered human rights arguments that “would have been put by trans people” leaving her with the “nonsense” of being “two sexes at once”. In contrast, the court had heard from “protest groups speaking on behalf of women” in the case. McCloud is now seeking a declaration that “the actions of the UK government and the Supreme court judgement violate her fundamental human rights”.
In an amendment to the Border, Security, Asylum and Immigration Bill which is being considered by Parliament, the Home Office seeks to ban foreign sex offenders from claiming asylum in the UK. The amendment would affect anyone who qualifies for sex offender status. Under Article 1F of the Refugee Convention 1951 countries are entitled to refuse asylum to terrorists, war criminals and individuals convicted of a particularly serious crime who present a danger to the community. Where a conviction qualifies a foreign national for the sex offenders’ register – regardless of the length of sentence they receive – that will lead to their refugee status being denied, on the basis that they will be presumed to have been convicted of a “particularly serious crime” . The Government has said that they are “toughening [their] approach to border security through stricter enforcement of the rules”, in an attempt to make “Britain’s streets safer”. Specifically, Home Secretary Yvette Cooper has argued the amendment would ensure these “appalling crimes are taken seriously”. Steve Valdez-Symonds, at Amnesty International UK, however, has raised concerns that the Government is “rushing through late-stage amendments” to major legislations meaning that “laws are made without the full scrutiny and care they demand”. In his opinion this is an “irresponsible approach” to lawmaking.
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4 March 2015 by Hannah Lynes
After a brief hiatus, the Human Rights Round-up is back. Our new team of expert summarisers – Hannah Lynes, Alex Wessely and Laura Profumo – is installed and ready to administer your regular dose of UK human rights news.
This week, Hannah reports on the Global Law Summit, access to justice, and what’s happening in the courts.
In the News
‘If you wrap yourself in the Magna Carta…you are inevitably going to look ridiculous if you then throw cold water on an important part of its legacy.’ Lord Pannick QC was not alone last week (23-28th February) in suggesting that there was some irony in Lord Chancellor Chris Grayling evoking the spirit of the Magna Carta at his launch of the three-day Global Law Summit.
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30 November 2015 by Guest Contributor
“I find your lack of faith disturbing” (Darth Vader)
Digital Cinema Media (DCM), the media agency that supplies adverts to 80% of UK cinemas caused consternation last week when it announced its refusal to show a 60-second advert by the Church of England encouraging people to pray. The ad would have been guaranteed a sizable audience had it been permitted to air as planned before the upcoming Star Wars: the Force Awakens, advance ticket sales for which have broken all known records.
DCM said the decision was based on concerns that the ad risked upsetting or offending audiences and ran contrary to their policy not to show ads that in “the reasonable opinion of DCM constitute Political or Religious Advertising.”
David Cameron, Richard Dawkins, Carrie Fisher and Stephen Fry were among the chorus of voices to lambast the decision. Jim Shannon, Democratic Unionist MP put down an early day motion for debate in the House of Commons urging for “the ban be reconsidered and overturned”. The motion is currently supported by the signatures of 14 MPs.
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8 May 2017 by Thomas Beamont
A new report has argued that the practice of turning back asylum seeker boats at sea is illegal under international law, and does not deter others from making the journey.
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5 August 2014 by Guest Contributor
Last week Justice Secretary Chris Grayling reported on how often closed material proceedings (CMPs) have been sought under the Justice and Security Act 2013 (JSA), as he is required to do annually under the Act. As the first and only official consolidated presentation of how the new CMP regime is being used, this two-page written ministerial statement warrants close attention.
The Secretary of State’s report provides only numbers. In the Bingham Centre’s Review of the First Report by the Secretary of State, we have tried to match cases to those numbers and, when read in light of the cases, have found good reasons to be concern about the difficulty of verifying the accuracy of the report, the ways that CMPs are being used, and the adequacy of the reporting requirements.
What are the reporting requirements?
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21 April 2013 by Rosalind English
ZAM v CFW & Anor [2013] EWHC 662 (QB) – read judgment
The permanent damage that internet publications can inflict is very much the focus of Tugendhat J’s assessment of damages in this case, encapsulated in the memorable description he quoted in an earlier judgment:
what is to be found on the internet may become like a tattoo.
Since the advent of internet search engines, information which in the past would have been forgotten (even if it had been received front page coverage) will today remain easily accessible indefinitely. So a libel claimant who has a judgment in his favour nevertheless risks having his name associated with the false allegations for an indefinite period.
This is just what had happened in the present case. The second defendant’s liability for libel had already been established. This hearing was to assess the appropriate level of damages for allegations he had published on the internet, in breach of restraining orders against him, suggesting the claimant was guilty of misappropriation of family funds and paedophilia.
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28 March 2013 by Jim Duffy
Othman (aka Abu Qatada) v Secretary of State for the Home Department [2013] EWCA Civ 277 – read judgment
The Home Office last night assured its 70,000 Twitter followers that “it is not the end of the road”. Yet by the time she had reached page 17 of the Court of Appeal’s dismissal of her latest attempt to deport Abu Qatada, it might well have seemed that way to Theresa May.
In November, the Special Immigration Appeals Commission (SIAC) ruled that Qatada could not be deported to face a retrial for alleged terrorism offences due to the real risk of “a flagrant denial of justice”. Read my post on that decision here. Yesterday, Lord Dyson – the Masters of the Rolls and second most senior judge in England and Wales – together with Lord Justices Richards and Elias, rejected the Home Secretary’s appeal.
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7 November 2014 by David Hart KC
R (o.t.a Joicey) v. Northumberland County Council , 7 November 2014, Cranston J read judgment
An interesting decision about a Council not supplying some key information about a wind turbine project to the public until very late in the day. Can an objector apply to set the grant of permission aside? Answer: yes, unless the Council can show that it would have inevitably have come to the same conclusion, even if the information had been made public earlier.
Mr Barber, a farmer, wanted to put up one turbine (47m to tip) on his land. The claimant was an objector, another farmer who lives 4km away, and who campaigns about subsidies for renewables – it is him in the pic. The planning application was complicated by the fact that an application for 6 turbines at Barmoor nearby had already been approved (where Mr Joicey is standing), and the rules on noise from wind turbines looks at the total noise affecting local people, not just from Mr Barber’s turbine.
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25 June 2013 by Alasdair Henderson
R (Dr Hans-Christian Raabe) v. Secretary of State for the Home Department [2013] EWHC 1736 (Admin) – read judgment
Dr Hans-Christian Raabe lost his judicial review challenge to the revocation of his appointment as the GP member of the Government’s Advisory Council on the Misuse of Drugs (ACMD). His appointment was revoked less than a month after he had accepted an offer to join the ACMD, as a result of certain views about homosexuality expressed in a paper he had co-written in Canada some 6 years earlier.
This case deals with a heady cocktail of controversial issues, ranging from same-sex marriage to the level of crystal meth use in gay clubs, and from paedophilia to the ostracising of Christians because of their religious beliefs. Indeed, it hits so many hot-button issues at once that it is very surprising it has not yet received much media coverage, despite the judgment being handed down on 20 June.
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3 December 2013 by Rosalind English
J19 and Another v Facebook Ireland [2013] NIQB 113 – read judgment
The High Court in Northern Ireland has chosen to depart from the “robust” Strasbourg approach to service providers and their liability for comments hosted on their sites. Such liability, said the judge, was not consonant with the EC Directive on E-Commerce.
This was an application on behalf of the defendant to vary and discharge orders of injunction dated 27 September 2013 made in the case of both plaintiffs. One of the injunctions restrained “the defendant from placing on its website photographs of the plaintiff, his name, address or any like personal details until further order.” These interim injunctions were awarded pursuant to writs issued by the plaintiffs for damages by reason of the publication of photographs, information and comments on the Facebook webpages entitled “Irish Blessings”, “Ardoyne under Siege” and “Irish Banter” on 11 September 2013 and on subsequent dates.
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25 October 2013 by Rosalind English
Fagan, R (on the application of) v Times Newspapers Ltd and others [2013] EWCA Civ 1275 – read judgment
Only “clear and cogent evidence” that it was strictly necessary to keep an offender’s identity confidential would lead a court to derogate from the principle of open justice. The possibility of a media campaign that might affect the offender’s resettlement could not work as a justification for banning reporting about that offender, even though a prominent and inaccurate report about him had already led to harassment of his family.
This was an appeal by a serving prisoner, SF, against the dismissal of his application for anonymity and reporting restrictions in judicial review proceedings.
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25 August 2016 by Guest Contributor
Photo credit: the Guardian
No, said the Supreme Court in McDonald v McDonald [2016] UKSC 28 – read judgment.
Facts
Fiona McDonald was a private sector tenant. The landlords were her parents who had purchased the property by obtaining a secured loan from a private company. They fell into arrears of the monthly payments, and the company sought possession pursuant to a s.21(4) Housing Act 1988 (‘HA 1988’) notice. The arrears were not substantial, but they had persisted for some time.
An Article 8 defence was raised as Fiona had mental health problems in the form of psychiatric and behavioural issues.
The Supreme Court rejected her defence for the following reasons.
No Article 8 assessment
The appellant argued that the court, as a public authority under s.6(1) of the Human Rights Act 1998 (‘HRA 1998’), was required to carry out an Article 8 assessment in such circumstances.
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1 June 2010 by Adam Wagner
Protocol 1 Article 1 | Right to peaceful enjoyment of property
Read posts on this Article
Protocol 1 Art.1 of the European Convention on Human Rights provides:
(1) Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
(2) The preceding provisions shall not, however, in any way impair the right of a state to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
The European Court of Human Rights has indicated that this Article contains three distinct rules ((1) Sporrong (2) Lonnroth v Sweden (1982) 5 EHRR 85):
(1) The general principle of peaceful enjoyment of property (first sentence of the first paragraph);
(2) The rule that any deprivation of possessions should be subject to certain conditions (second sentence, first paragraph);
(3) The principle that States are entitled to control the use of property in accordance with the general interest, by enforcing such laws as they deem necessary for the purpose (second paragraph).
Peaceful enjoyment of possessions include the right of property (Marckx v Belgium (1979) 2 EHRR 330). “Possessions” are not limited to physical goods: in Gasus Dosier-und Fordertechnik GmbH v The Netherlands (1995) 20 EHRR 403 it was considered immaterial that the property in issue was fully owned by the applicant, or whether it simply had a security right in it (retention of title). But to qualify under this Article the right or interest must have an economic value, or be of a pecuniary nature. In addition to property, possessions include:
- Company shares: Bramelid & Malmstrom v Sweden, (1982) 29 DR 64.
- Patents: Smith Kline and French Laboratories Ltd v The Netherlands (1990) 66 DR 70;
- Goodwill in business: Van Marle & Ors v The Netherlands (1986) 8 EHRR 483;
- Licence to serve alcoholic beverages: Tre Traktorer Aktiebolag v Sweden (1989) 13 EHRR 309;
- Ownership of a debt (where it has crystallised): Agneesens v Belgium (1998) 58 DR 63;
- An award, of court or arbitration, which is final and enforceable with no right of appeal on the merits: (1) Stran Greek Refineries (2) Stratis Andreadis v Greece (1994) 19 EHRR 293 and Pressos Compania Naviera SA & 25 Ors v Belgium (1997) 21 EHRR 301;
- Interests in a pension scheme Wessels-Begervoet v The Netherlands (1986) (Admissibility Decision Application No. 00034462/97 October 10 2000
An additional gloss has been given to the meaning of “possessions” under this Article by the Court of Appeal in Wilson v First Country Trust [2001] 3 WLR 42 2000 – these include the rights of a leader to enforce a regulated loan agreement under the Consumer Credit Act 1974.
More recently, the Supreme Court has ruled that pension scheme regulations in Northern Ireland that required that unmarried co-habiting partners to be nominated in order to be eligible for a survivor’s pension, was interference with the appellant’s right under this provision. The requirement could not be “objectively justified” for the purposes of art 14. There was no similar nomination requirement for married or civil partner survivors (Re an application by Brewster for Judicial Review (Northern Ireland) [2017] UKSC 8).
There is no possession in an item where the link between the applicant’s payment and the ultimate value of the thing is not established, so where an applicant has made contributions to a social security scheme but there is no link between the contributions and the ultimate share claimed by the applicant, this does not come within the scope of Protocol 1 Art.1 (G v Austria (1984) 38 DR 84); the same applies to contributions to pension schemes: (see X v Netherlands (1972) 38 CD 9.)
Expectation of an inheritance could not constitute a possession under Protocol 1 Art.1 : Marckx v Belgium (1979) 2 EHRR 330.
A mere expectation that rates of fees would not be reduced by the law does not constitute a property right: Federal Republic of Germany Application No.00008410/78, (1979) 18 DR 170. Here the applicants, who were notaries, challenged regulations which obliged them to reduce fees for certain public bodies such as universities. The European Commission of Human Rights held that the claim for fees would only be considered as possessions when they came into existence on grounds of services rendered and on the basis of existing regulations.
In Matthews v MoD [2002] 3 All ER the Court of Appeal accepted that a right of action in tort was a possession.
As with the other qualified rights, most of the disputes in Article 1 Protocol 1 claims turn on the test of proportionality since the right to enjoyment of property is subject to many provisos and exceptions “in the public interest”. As a result the case law on A1P1 is a rich source of analysis on this question: see for example the Court of Appeal’s informative ruling in Sinclair Collis Ltd, R (o.t.a) v. The Secretary of State for Health [2011] EWCA Civ 437 and Lord Laws LJ’s important dissent, discussed here.
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